UK: Belmarsh
internee to be freed at last as Blunkett loses appeal- "It remains of the greatest importance
that, in a society which upholds the rule of law, if a person
is detained as M was detained, that individual should have access
to an independent tribunal or court which can adjudicate upon
the question of whether the detention is lawful or not."
- Lord Chief Justice Woolf

Britain's most senior judge ruled today that the Home Secretary
must release a Libyan man known only as 'M' detained without
charge under the draconian Anti-Terrorism Crime and Security
Act. Lord Chief Justice Woolf upheld a ruling by the Special
Immigration Appeals Committee of last week that the man's 15-month
detention at Belmarsh prison in south-east London was unjustified.
The Home Secretary had astonished the legal community by securing
an appeal against the SIAC ruling, despite the tribunal's express
judgment that were no grounds. Lord Woolf said last week that
if SIAC ruled detention was unlawful, the detainee should be
released; Amnesty International described the stay as
"tantamount to appealing against an acquittal verdict".

'M' is the first of the 16 people detained under ATSA to successfully
challenge their detention which is based on secret evidence put
to the Home Secretary, then to SIAC, by the intelligence services.
Yesterday (17 March 2003), the government's lawyers accused 'M'
of being involved in forged documents and transferring £600
to a man suspected of having links with al-Qaida. Lord Woolf
replied to the QC:

"If I was a grocer and I delivered groceries to somebody
who was a member of al-Qaida, do I fall within that [definition
of a terrorist]?"

In his judgment today, he said:

"The need for society to protect itself against acts
of terrorism is self-evident."

"It remains of the greatest importance that, in a
society which upholds the rule of law, if a person is detained
as M was detained, that individual should have access to an independent
tribunal or court which can adjudicate upon the question of whether
the detention is lawful or not."

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